GAYATRI DEVI Vs. SARAJU SAH

JUDGEMENT

(1.) THIS writ application under Article 227 of the Constitution of India is directed against the judgment and decree passed by the District Judge, Deoghar in Misc. Appeal No. 15/03 whereby he has dismissed the appeal and affirmed the order dated 30.9.2003 passed by Sub -Judge -III, Deoghar in Misc. Case No. 17/03.

(2.) THE facts of the case lie in a narrow compass :

(3.) FROM perusal of the trial Court's judgment, passed in Title Eviction Suit No. 21 of 2001, it appears that the Court below passed a reasoned judgment deciding all the issues separately and decreed the suit on contest. It has also not been disputed by the petitioner that suit was proceed in accordance with the procedure provided under Section 14 of the Bihar Building (Lease, Rent and Eviction) Control Act. Even if the decree is ex -parte by following the procedure under Section 14 of the said Act the only remedy available to the aggrieved party is to file revision as contemplated under Section 14(8) of the said Act. This check has been introduced to enable the landlord to reap the fruits of the decree at an early date since by appeal the matter is kept sub -judice and the landlord has to run from pillar to post for petty long time till appeal is disposed of. The summary procedure provided for disposal of a suit for eviction filed under special ground has since been adopted by the trial Court. I am of the view that the learned District Judge has rightly held that appeal is not maintainable.